Terms & Conditions

1. What is in these terms of use?

1. Overview: These terms of use (which we will refer to as the terms) tell you the rules for using the KidChing app (our app) and accessing the services we make available through our app (our services).
2. Acceptance: By using our app, you confirm that you accept these terms and agree to comply with them. If you do not agree, you must not use our app.
3. Reference: We recommend that you print a copy of these terms for future reference.

2. Who we are and how you can contact us

1. Operator Details: KidChing is an app operated by Sphereco Limited (we or us). We are a limited company registered in England and Wales under company number 13831946, with our registered office at Sphereco Limited, Brunel Way, Stephenson Ind Estate, Coalville LE67 3HF.
2. Contact Methods:
   1. Email: [email protected]
   2. Post: Sphereco Limited, Brunel Way, Stephenson Ind Estate, Coalville LE67 3HF
   3. Via the ‘Contact Us’ submission form on our app

3. What other terms apply?

1. The following additional terms apply to your use of our app:
   1. Our Privacy Notice, which details how we collect, use and safeguard your personal data; and
   2. The terms and conditions of our third party payment service provider, available at https://www.mangopay.com/terms/MANGOPAY_Terms-EN.pdf.

4. Keeping up to date with the terms

1. We may change our app and these terms from time to time – for example, to reflect changes in the services available.
2. If we change these terms, we will publish the new version through the app. Please check these terms each time you use our app to ensure you understand the current terms.

5. Setting up an account

1. Registration: You must register for an account in order to sell or buy goods through our app. Complete all required fields on the account set-up form and ensure all information is correct.
2. Delivery Preferences: You can set your preferences regarding delivery options available to other users when buying an item you list. Preferences can be updated anytime via your account or when listing an item.
3. Age Confirmation: By creating an account, you confirm that you are 18 years or older. If you are under 18, please have a responsible adult set up an account on your behalf. Note that some items may have age restrictions.
4. Geographic Target: Our app is directed at people residing in the United Kingdom. Content available on our app may not be appropriate or available in other locations.

6. Keeping your account safe

1. Keep your login details and password secure and confidential. Do not share them with others. You are responsible for all activities under your account.
2. We reserve the right to disable any account at any time if you fail to comply with these terms.
3. If you suspect anyone else has your account details, promptly notify us at [email protected].
4. You are responsible for ensuring that all persons using your internet connection are aware of and comply with these terms.

7. Closing your account

1. You can close your account at any time via your account settings. On closure, any amounts due become immediately payable by you.
2. We may close or suspend your account if we believe you have violated these terms. If your account is closed, you will no longer have the right to use our app.
3. These terms remain in force even after your account is closed or your use of the app ends.

8. Listing your items on the app

1. Allowed Items: You can list pre-loved children’s clothes, toys, and equipment for sale. Items must meet the following:
   1. They must be in one of the permitted categories (children’s clothing, cosmetics, toys/games, or childcare equipment).
   2. They must be safe for use and suitable for ‘second hand’ sale in the UK.
   3. They must be fit for purpose. If there are minor defects, these must be clearly described.
   4. Clothes must be washed and clean.
2. Prohibited Items: You must not list:
   1. Stolen or counterfeit items (i.e. items copying a brand or trademark without authorization).
   2. Anything illegal to own, sell, or advertise.
   3. Underwear or similar clothing unless unworn and with original tags/unopened packaging.
   4. Toys that are damaged, missing parts, or not fully functional (unless described accurately).
   5. Cosmetics unless unused with original seals and packaging intact.
   6. Realistic toy guns.
   7. Electric blankets.
3. We may remove listings that do not meet these requirements or are deemed unsuitable.
4. Delivery Options: When listing an item, you can offer one or more of the following:
   1. Delivery coordinated by us using the integrated shipping option;
   2. Delivery using an alternative solution arranged by you (custom shipping option);
   3. Collection in person.
5. Listing Process: Complete the “Sell an Item” page with all required details including:
   1. Selling price;
   2. Availability for collection and applicable delivery options;
   3. Dimensions and weight (for calculating delivery via the integrated shipping option);
   4. Delivery cost for any custom shipping option (calculated based on the courier’s terms);
6. Additional Conditions:
   1. Ensure the dimensions and weight are accurate as these determine the value of the pre-paid shipping label. Inaccuracies may result in you covering any cost difference.
   2. Ensure the stated delivery cost for custom shipping is accurate, as you cannot claim additional amounts if the actual cost is higher.
7. By listing an item, you confirm you are the owner and have the right to sell it through the app.
8. You are responsible for ensuring you have the rights to any content (descriptions, photographs) uploaded. You must use your own photographs and not copy from other sources.
9. Content License: By uploading or posting content, you grant us:
   1. A worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, create derivative works, display, and perform your content in connection with the app and its promotion, forever;
   2. A similar license for other users, partners, or advertisers to use your content in line with the app’s functionality, forever.
10. User Interaction: When another user is interested in an item you’ve listed, they may:
    1. ‘Like’ the item (if that functionality is available);
    2. Contact you via email with questions (note: by using our app, you agree to complete the purchase through the app);
    3. Buy the item, at which point you will receive a notification detailing whether the buyer has chosen collection or delivery.
11. Post-Sale Process: Once your item sells, you will be able to:
    1. Communicate with the buyer by email to arrange collection (if applicable);
    2. Download and print a pre-paid shipping label if the integrated shipping option was used;
    3. Access buyer’s delivery details if a custom shipping option was selected.
12. If the buyer raises an issue with delivery or the item’s condition, we will assist in resolving the dispute. However, we reserve the right to allow a return if the buyer provides evidence that the item is damaged or not as described. In such cases, you may be asked for a preferred return address, and payment will be withheld until resolution.
13. Please refer to the section “Paying and getting paid through the app” for payment details.

9. Buying from another user on the app

1. The app provides listings for items, usually from individual sellers, though sometimes KidChing is the seller. All items are sold on a ‘second hand’ basis.
2. The listing shows the full price (excluding delivery and Buyer Assurance charges, which will be added at checkout). See the “Buyer Assurance” section for details.
3. These terms primarily describe purchases from individual sellers unless otherwise specified in “Buying from us on the app”.
4. When interested in an item, you can:
   1. ‘Like’ the item (if available);
   2. Contact the seller by email with any questions (note: you agree to complete the purchase via the app);
   3. Add the item to your cart to begin the purchase process. You will have an opportunity to review your order before confirming.
5. Note that until you click ‘Buy now’, the item remains available and could be purchased by another user.
6. After adding the item to your cart, follow the on-screen prompts to review and confirm your purchase.
7. Your delivery options will include those provided by the seller:
   1. Collection from the seller’s address;
   2. Delivery via our preferred (integrated shipping) option;
   3. Delivery using a custom shipping option arranged by the seller.
8. If you select the integrated shipping option, additional details about the service will be available via a link on the app. Buyer Assurance applies only to this option.
9. The app will display the total price you will pay, which includes:
   1. The sale price;
   2. The Buyer Assurance charge (itemised separately);
   3. The delivery cost, depending on your chosen option.
10. You will be asked to provide details such as:
    1. Payment card details;
    2. Delivery information including address and any special instructions;
    3. Your selected delivery option;
    4. Any other necessary information for the transaction.
11. By clicking ‘Buy Now’, we will instruct our payment services partner to charge your account for the total price. If successful, you will receive confirmation through the app and a binding agreement between you and the seller will be formed, along with your agreement for Buyer Assurance.

10. Buyer Assurance

1. The full Buyer Assurance service is available for purchases using the integrated shipping option. If you choose collection or a custom shipping option, Buyer Assurance may not cover issues related to non-delivery or transit damage.
2. Your purchase contract is with the individual seller (except where KidChing is the seller), but by using Buyer Assurance you may claim a refund from us if:
   1. The item is not as described;
   2. The item is damaged (other than damage described in the listing) or not in the advertised condition. (Transit damage is covered if integrated shipping is used);
   3. The delivery is not completed within 14 days of the scheduled delivery date (for integrated shipping).
3. Delivery is deemed based on the courier’s terms. An item may be considered delivered once available for collection after a failed delivery attempt. Please review the courier’s terms available via the app.
4. Once you confirm receipt and satisfaction by clicking ‘Complete Order’, the purchase is finalized. If not satisfied, click ‘Report an issue’ and provide the necessary details.
5. Buyer Assurance is a service provided by us (not insurance). If eligible, your payment will be refunded and we will manage the dispute with the seller.
6. You must notify us within two days of receiving the item if it is not as described. You may be required to return the item within 14 days using an established delivery service and provide proof of delivery. Without evidence, a refund may not be issued.
7. If you selected integrated shipping but the item is not delivered within 14 days, notify us via the app.
8. If you receive a delivery notification but believe the item was not delivered as per courier terms, notify us within two days. If no issue is raised within two days, the item will be treated as received and payment released.
9. Upon confirmation that the item is received (or returned as required), we will refund your total payment (including Buyer Assurance and original delivery fees), excluding any return postage costs you incurred.

11. Buying from us (i.e. from KidChing) on the app

1. If a listing shows that KidChing is the seller, the order, payment, and delivery process will follow the same procedures as for individual sellers.
2. Your contract for purchases from us is with KidChing, and the following terms apply:
   1. Although the goods are ‘second hand’, their condition will be as expected of used goods unless otherwise stated;
   2. You have a legal right to cancel your purchase and receive a refund (including delivery costs) if you notify us within 14 days of delivery by contacting [email protected];
   3. If you exercise this right, you must return the item within 14 days using our preferred delivery partner. We will provide a pre-paid shipping label and instructions;
   4. You must keep proof of return. Failure to do so may result in no refund;
   5. Upon receipt of the returned item, we will refund your total payment (including Buyer Assurance and delivery fees).

12. Paying and getting paid through the app

1. All payments through our app are processed by our third-party payment services partner, subject to their terms and privacy notices. A link to these terms will be provided before you confirm any payment or set up an account.
2. We may share your personal or transactional information with our payment services partner to process sales or purchases made through the app.
3. To make or receive a payment, you must set up an account with our payment services provider. A link to their terms will be provided during registration.
4. When a buyer successfully completes payment, the full amount is transferred to an account controlled by our payment partner and held on order.
5. Payment is released only after the item is received and accepted by the buyer, as evidenced by one of the following:
   1. The buyer clicks ‘Complete Order’ confirming receipt and acceptance;
   2. For integrated shipping: the delivery partner confirms delivery, the buyer receives a notification, and no issues are reported within 48 hours;
   3. For custom shipping: 16 days pass from the transaction without any issue being reported;
   4. For collection: the seller clicks ‘Item Collected’, the buyer receives confirmation, and no issues are reported within 48 hours;
   5. If an issue is reported but subsequently resolved with buyer confirmation;
   6. If an issue is reported and the buyer fails to provide the requested evidence within 48 hours;
   7. If an issue is reported, the buyer provides details but fails to return the item within 3 days after notification.
6. Once the item is accepted, the price due to the seller is released to their account and any commission or delivery charges owed to us are released to us.
7. If we determine that any of your actions violate these terms or any agreement with our payment services partner, we may cancel the transaction or suspend/terminate your account.
8. We and/or our payment provider reserve the right to decline or refund transactions deemed high risk or fraudulent.
9. You must pay all fees incurred in relation to any sales made through the app, whether payable to a seller or to us.

13. Selling on the app

1. When a buyer selects an item you are selling and completes the purchase, you will receive a notification that your item has sold.
2. If you use the integrated shipping option, you can download a delivery label displaying the buyer’s delivery address, which must be attached to the parcel.
3. You can access information via the app regarding the selected delivery partner, packaging instructions, and how to transfer your item to the delivery partner.
4. Note that all deliveries (including those using integrated shipping) are handled by third-party delivery partners and are subject to their terms and privacy notices. KidChing is not responsible for delivery unless the integrated shipping option is selected.
5. Once the buyer accepts the item, we will release to you the portion of the price that represents the delivery cost, either to the delivery partner or directly to you as applicable.
6. You have six days from the notification that your item has sold to transfer the item to the delivery partner and confirm via the app. If not completed within that time, the transaction will be cancelled, the buyer’s payment refunded, and the item re-listed.
7. Keep proof of transfer from the delivery partner. If the item is lost in transit and not returned, you may need to seek compensation under the courier’s terms.

14. What to do if things go wrong

1. If you are the buyer and believe the item is not as described or there is a delivery issue (using integrated shipping), click ‘Report an issue’ and follow the prompts to provide details.
2. If you are the buyer and experience a delivery issue with a custom shipping option, contact the courier first. If unresolved, then contact us at [email protected]. Note that Buyer Assurance does not apply if you choose collection or a custom shipping option.
3. When reporting an issue, you must provide evidence supporting your claim within 48 hours of the request.
4. If Buyer Assurance is not available but we determine a genuine complaint exists, we will assist in resolving the issue between you and the seller.
5. We reserve the right to release payment to the seller if a dispute is not resolved in a reasonable time. In such cases, any claim must be pursued against the seller, and you will have no further remedy from us.
6. If you are the seller and have concerns regarding payment release or return of an item, contact us at [email protected].
7. If you wish to complain about content uploaded by other users, please contact us at [email protected].

15. Reviews on the app and communicating with other users

1. The app allows users to create profiles and includes features such as messaging, reviews, ratings, and item listings. Use these community features only for matters related to buying and selling items. Do not share personal contact details with other users.
2. The app facilitates communications between users. We are not responsible for the performance, reliability, or conduct of users, nor for any reviews or ratings provided by users.

16. Our app may not always be available

1. We do not guarantee that our app or its services and content will be available at all times.
2. We may suspend, withdraw, or restrict access to all or part of our app for business or operational reasons, providing reasonable notice where possible.

17. Do not rely on information on this app

1. The content on our app is provided for general information only and is not intended as advice. You should seek professional advice before acting on the content.
2. While we endeavor to keep the content up to date, we make no guarantees regarding its accuracy, completeness, or timeliness.

18. We are not responsible for content uploaded by other users or websites we link to

1. The app includes user-uploaded listings and materials which have not been verified by us. The views expressed by users do not represent our views.
2. Links to third-party apps and resources are provided for your information only and do not imply our endorsement. We have no control over the content of these third-party resources.

19. We may transfer our agreement with you to someone else

We may transfer our rights and obligations under these terms to another organisation. We will notify you in writing if such a transfer occurs and will ensure that your rights under these terms are maintained.

20. How you may use material on our app

1. We are the owner or licensee of all intellectual property rights in our app and its material, protected by copyright laws and treaties worldwide. All rights are reserved.
2. You may print one copy and download extracts of any pages from our app for personal use and to share with others in your organisation.
3. You must not modify the copies of any materials downloaded or printed, and you must not use illustrations, photographs, videos, or graphics separately from any accompanying text.
4. Our status as the authors of the content must always be acknowledged (except for user-generated content).
5. You must not use any part of the content for commercial purposes without obtaining a licence from us or our licensors.
6. If you print, copy, download, share, or repost any part of our app in breach of these terms, your right to use our app will cease immediately and you must return or destroy all copies.

21. No text or data mining, or web scraping

1. You shall not conduct, facilitate, authorise, or permit any text or data mining or web scraping of our app or its services. This includes:
   1. Using any automated tool (e.g. robot, bot, spider, scraper) to access, copy, or monitor any portion of the app or its data;
   2. Using any automated analytical technique to analyze text or data in digital form for the purpose of identifying patterns, trends, or correlations.
2. This clause is an express reservation of our rights, including under Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).
3. This clause does not apply if we are unable to exclude such activities by contract under applicable law.

22. Our responsibility for loss or damage suffered by you

1. We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence (or that of our employees, agents, or subcontractors) and for fraud or fraudulent misrepresentation.
2. Our app is provided for domestic and private use only, and you agree that we have no liability for any loss of profit, business, interruption, or business opportunity.

23. How we may use your personal information

We will only use your personal information as set out in our Privacy Notice.

24. Acceptable Use

1. You may use our app only for lawful purposes. You may not use our app:
   1. In any way that breaches any applicable local, national, or international law or regulation;
   2. In any way that is unlawful or fraudulent;
   3. To harm or attempt to harm any person;
   4. To send, knowingly receive, upload, download, use or re-use any material that is defamatory, obscene, offensive, hateful, inflammatory, promotes violence or discrimination, infringes intellectual property rights, promotes illegal activity, or is likely to harass, upset, embarrass, alarm, or annoy any person;
   5. To transmit any unsolicited or unauthorised advertising or promotional material (spam);
   6. To knowingly transmit any data or upload material containing viruses, Trojan horses, worms, or other harmful code.
2. You agree not to access, interfere with, damage, or disrupt any part of our app, any equipment or network on which it is stored, or any third-party equipment, network, or software.
3. You must not attack our app via a denial-of-service or distributed denial-of-service attack. Such breaches may be reported to law enforcement and result in your account being terminated.

25. We are not responsible for viruses and you must not introduce them

1. We do not guarantee that our app will be secure or free from bugs or viruses.
2. You are responsible for configuring your computer, programmes, and IT platform to access our app and should use your own virus protection software.

26. Rules about linking to our app

1. You may link to our app provided you do so in a fair and legal manner that does not damage our reputation or imply an association or endorsement where none exists.
2. You must not establish a link in a way that suggests any association, approval, or endorsement on our part.
3. You must not link to our app on any site that you do not own.
4. Our app must not be framed on any other app.
5. We reserve the right to withdraw linking permission without notice.
6. The site to which you link must comply with the content standards set out in paragraph 24 (Acceptable Use).
7. If you wish to link to or use content from our app beyond these guidelines, please contact us at [email protected].

27. Which country’s laws apply to any disputes?

1. For Consumers: These terms, their subject matter, and formation are governed by English law. Both parties agree that the courts of England and Wales have exclusive jurisdiction (with residents of Northern Ireland or Scotland having additional options as provided by local law).
2. For Businesses: These terms, their subject matter, and formation (including any non-contractual disputes or claims) are governed by English law, with both parties agreeing to the exclusive jurisdiction of the courts of England and Wales.